Q&As

What is the process of proving that an easement exists under the Prescription Act 1832? Can an action be brought by one person on behalf of the general public?

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Published on LexisPSL on 27/07/2017

The following Property Q&A provides comprehensive and up to date legal information covering:

  • What is the process of proving that an easement exists under the Prescription Act 1832? Can an action be brought by one person on behalf of the general public?

An easement may be established by long use by statute (Prescription Act 1832 (PA 1832)).

We are assuming that this Q&A relates to a right of way.

The user must be ‘as of right’ and not as a result of:

  1. force

  2. secrecy

  3. permission of the servient owner (this requires an unequivocal overt act; the grant of a personal licence was held not to amount to a positive act evidencing an implied licence to a subsequent owner following expiry of the licence. It was immaterial that the servient owner was not actually aware of the change in ownership of the dominant land triggering the expiry of the licence)

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